GODREJ AGROVET LTD. Vs. DR. RANJIT SINGH

JUDGEMENT

(1.) DR . Ranjit Singh respondent No. 1 (in short 'the respondent') was running a poultry farm on small scale for earning his livelihood. He used to purchase poultry feed from M/s. B.R. Trading Company, Muktsar appellant No. 2. This poultry feed was manufactured by M/s. Godrej Agrovet Limited appellant No. 1. Narinder Singh. Pharmacist respondent No. 2 was a partner of M/s. B.R. Trading Company appellant.

(2.) IT was further pleaded that the respondent had purchased 4051 broilers (chicks) for an amount of Rs. 29,959 on various dates i.e. on 24.10.2001, 4.12.2001, 14.12.2001 and 29.1.2002 from Punjab Agriculture University, Ludhiana. The respondent had purchased many bags of crub starter and crub finisher on different dates from the appellants for the total amount of Rs. 24,519. Appellant No. 2 and respondent No. 2 had assured that the poultry feed was of best quality.

(3.) IT was further pleaded that the poultry feed sold by appellant No. 2 as manufactured by appellant No. l was of sub -standard and defective quality. When he gave this feed to the birds, they started dying in the month of January, 2002. On this the respondent approached appellant No. 2 to look into the matter but in vain. As a result of this defective feed, all the birds of the respondent died till March, 2002. Dr. Harminder Pal Singh, Veterinary Doctor had come for medical treatment and he reported that the birds had died due to food poisoning and the poultry feed purchased from the appellants was found to be sub -standard and responsible for the casualty.